Guidance

Inspectors talking to pupils on inspection

Updated 28 September 2023

Applies to England

Background

This document provides additional support for inspectors on talking to pupils during inspections of schools. It aligns with the guidance set out in the  School inspection handbook and the Non-association independent school inspection handbook.

We have made this document available to schools and other organisations to ensure that they are informed about inspection procedures.

Context

Gathering evidence from pupils to find out about their experience of school is an essential part of any school inspection, as set out in the School inspection handbook and the Non-association independent schools inspection handbook.

Inspectors will look to gather evidence from a wide range of pupils, both formally in groups and informally during lessons or social times.

Gathering evidence about pupils’ experiences contributes, for example, to inspectors’ evaluation of:

  • how the school implements the curriculum
  • behaviour and attitudes
  • how well the school promotes pupils’ personal development and prepares pupils for life in modern Britain
  • how the school ensures that learners are helped and protected so that they are kept safe

As early as possible in the inspection, inspectors will explain to school leaders that they will need to speak to pupils in order to evaluate aspects of the school’s provision.

We have a duty to ‘have regard to’ the views of pupils under section 117(2) of the Education and Inspections Act 2006. This includes the need to safeguard and promote the rights and welfare of children (paragraph 2(a)). We also have a duty to respond to pupils’ needs and views under section 119 of the same Act. We have a legal duty to have regard to the views of pupils when inspecting maintained schools and academies under section 7 of the Education Act 2005.

This does not mean that individual pupils are required to speak to inspectors. Neither the school nor inspectors can compel a pupil to give their views to inspectors if they or their parents refuse permission. Inspectors take a proportionate account of comments from pupils, staff and parents of pupils who attend the school, balancing these alongside the other evidence collected during the inspection. However, if inspectors are prevented from speaking to pupils, they may be unable to gather the robust evidence they need. This may have an impact on inspection judgements.

Involvement of adults in inspector–pupil discussions

All our inspectors have been through a stringent vetting process, including enhanced Disclosure and Barring Service (DBS) checks. They have received training and are experienced in communicating with pupils, including those with special educational needs and disabilities (SEND). All our inspectors are or have been leaders/teachers in schools and so have experience of working with pupils sensitively.

In some contexts, providers or parents may be nervous about their children talking to inspectors without another adult present. However, it is important that pupils are able to express their views freely to inspectors. While there will be instances during the inspection when inspectors will talk to pupils with school staff present, schools must also provide opportunities for inspectors to speak to pupils with no other adults present, unless there are exceptional circumstances. Inspectors will check whether any pupils require an adult to be present as a reasonable adjustment.

Where relevant and practical, inspectors will also try to ensure that they speak to at least some single-sex pupil groups to provide the opportunity for pupils to speak more freely about issues such as sexual harassment, online sexual abuse and sexual violence. This will not be relevant on every inspection, but only where specific concerns need to be pursued.

It is crucial that no other adults are present when inspectors ask pupils questions about safeguarding. Having another adult present (especially someone who pupils perceive as connected to the school, like a senior leader or governor) can affect pupils’ freedom or willingness to share their concerns. It can also mean that safeguarding views shared by pupils become known to the other adult(s) present, potentially causing confidentiality issues.

However, a pupil may only agree to speak with an inspector if an adult who is known to the pupil is also present. If so, the inspector will usually speak to the pupil in the way they have requested with the known adult also present. The inspector will usually do this by pausing the conversation in order to identify a suitable adult, following which the conversation should continue.

If a school has refused to allow inspectors to speak to pupils without an adult present, an individual pupil may nevertheless approach an inspector and ask to speak to them alone. If this happens, inspectors will always provide an opportunity to listen to the pupil. There would be a risk that the pupil was unable to make a serious safeguarding disclosure if the inspector did not do this.

Inspectors will triangulate evidence gathered during the inspection to evaluate the effectiveness of the safeguarding culture that has been established in the school. If inspectors cannot corroborate this evidence because they are prevented from talking to pupils on inspection, or a pupil asks to speak to an inspector alone but the school does not allow this interaction, then it is likely that inspectors will judge:

  • safeguarding as ineffective
  • in the case of non-association independent schools, the relevant independent school standards as not met

If an inspector has a concern that any pupil may be at risk of harm, they should contact regional duty staff, who will seek advice from policy and legal colleagues and take the appropriate safeguarding course of action.

If school leaders insist that an adult from the school, or one nominated/approved by the school, must be present when inspectors are speaking to pupils, inspectors will consider pupils’ feedback. In these circumstances, inspectors may not be able to gather robust evidence to judge safeguarding as effective or, for independent schools, to find that the relevant independent school standards are met.

The inspector will always record any instances of refusal and/or adults being present in the evidence base for the inspection, along with detail of if and how this has had an impact on the inspection outcome.

Reasonable adjustments

It may be appropriate for an adult to be present as a reasonable adjustment to enable pupils with SEND to communicate with inspectors. For example, a reasonable adjustment may be if a pupil has a specific communication need that requires a specialist interpreter. However, not all pupils with SEND will require an adjustment and there should be opportunities for inspectors to speak to those pupils without another adult present.

If the presence of an adult was permitted as a reasonable adjustment for a pupil’s disability, the inspector may include a general comment in the evidence base to that effect. The inspection evidence base and/or the report will not include any information that could identify the pupil or pupils concerned.

Discussion points that some schools may find sensitive

We recognise that some school leaders do not wish inspectors to ask pupils about certain topics, for example about relationships and sex education. Before speaking to any pupils, inspectors will offer assurance to school leaders about any concerns they may have.

If a primary or secondary school requests that inspectors do not speak to pupils about a topic that the inspector agrees is reasonable for the school to consider sensitive for its pupils, inspectors will not ask pupils questions about it.

As set out in the guidance on inspecting teaching of the protected characteristics in schools, if a primary school does not teach awareness of and respect towards LGBT people, this will not have an impact on the leadership and management judgement as long as the school leaders can satisfy inspectors that they have still fulfilled the DfE’s statutory guidance on relationships and sex education (RSE) and health education. If a primary school (state-funded or independent) does not teach about LGBT people, inspectors will not ask pupils questions about this topic, unless the pupils themselves raise it. However, inspectors will ask pupils questions to determine their understanding of positive and healthy relationships, friendships and family relationships, and about how the school encourages respect for all people. They will always ask these questions in an age-appropriate way.

In secondary schools, pupils must be taught about awareness of and respect towards LGBT people, to meet the expectations of the DfE’s statutory guidance on RSE and health education. If a secondary school does not allow inspectors to speak to pupils about these topics, inspectors may not be able to gather evidence that the school is meeting its obligations under the guidance. This may have consequences for the personal development judgement, the leadership and management judgement and compliance with any relevant independent school standards (see guidance on inspecting teaching of the protected characteristics in schools).

If schools request that inspectors do not ask pupils questions about a sensitive topic, inspectors will always mention this in the inspection report, along with detail of how it has had an impact on the inspection outcome. The report will not include any information that could identify the pupil or pupils concerned.

If inspectors are prevented from speaking to pupils

There may be occasions when, even after inspectors have given assurances that certain topics will not be covered with pupils, school leaders or parents still prevent inspectors from speaking to pupils.

In these situations, inspectors will speak to school leaders and ask them to explain why permission to speak to pupils has been withdrawn. They will also ask what steps the school leaders, including proprietors and governing board members, have taken to alleviate any parental concerns and explain to parents the importance of pupils’ views in the inspection process.

Inspectors will explain to school leaders that if they are prevented from speaking to pupils entirely, they may be unable to gather the robust evidence they need about many aspects of the school’s provision. It may mean not gathering, and therefore not taking into account, positive evidence from pupils about what the school is doing well, which enables schools to demonstrate their strengths.

Inspection reports

Inspectors will record in the inspection report if, during an inspection, any of the following apply:

  • it was not possible to speak to pupils
  • inspectors were requested not to ask certain questions of pupils
  • an adult was present when inspectors spoke with pupils

They will include in the inspection report a note on the impact that this had on the quality of evidence gathered and the inspection outcome.